New York’s state legislature adjourned Friday without passing the Packaging Reduction and Recycling Infrastructure Act.
The Flexible Packaging Association (FPA) views this as no great loss, saying in a statement that it “appreciates that the Legislature failed to move forward with flawed packaging extended producer responsibility (EPR) legislation.”
“With amendments that did not address major issues with the bill, the legislation failed to advance to final floor votes before the end of the session in the Assembly and the Senate,” FPA said. “FPA maintains that the legislation’s foundational requirements remained impractical, did not support innovative recycling technologies, and would have made everyday essential goods less affordable for New Yorkers.”
FPA President & CEO Dan Felton said, “We must expand recycling systems and reduce waste, but good public policy must balance sustainability goals with economic reality.
“For three years in a row now, this deeply flawed legislation has stalled because it set arbitrary mandates that would have disrupted the supply chains keeping consumer food and medical products safe and sanitary. By not accounting for actual infrastructure innovation and restrictions, the bills would have led to increased product damage, higher grocery bills, and reduced shelf availability for everyday New York families.”
FPA says the legislation contained critical, unaddressed flaws, including its explicit exclusion of advanced chemical recycling technologies and the imposition of a technically infeasible 75% recycling rate and 30% source reduction mandate for packaging. It also threatened to trigger severe material shortages by restricting post-consumer recycled content to domestic U.S. sources.
FPA says the legislation also would have shifted 100% of municipal recycling and disposal costs for packaging onto producers, “creating an unpredictable financial burden that would be passed down to families through higher prices for grocery staples like bread, milk, and infant formula.”
FPA added that it is “committed to furthering a circular economy and calls on all stakeholders to support a science-backed EPR program in New York. The association urges stakeholders to recognize the environmental benefits of flexible packaging, invest in all forms of recycling infrastructure and technologies, and adopt policies that protect the affordability of essential goods for all New York residents.”
Felton also told Packaging Strategies in a statement: “We expect packaging EPR legislation to be under consideration again in 2027 in the New York State legislature, and we look forward to working with policymakers and other stakeholders to advance more reasonable program requirements and solutions within any legislation under consideration.”
AMERIPEN
Packaging Strategies also reached out to AMERIPEN, and AMERIPEN President Lynn Dyer provided the following statement:
“AMERIPEN is pleased that lawmakers refrained from advancing legislation (S.1464A/A.1749) before adjourning that could have increased consumer costs, restricted access to critical packaging, and reduced the availability of essential consumer goods.
“We remain committed to supporting data-driven packaging policies that improve recycling and advance circularity while recognizing the important role packaging plays in protecting products and serving consumers.
“We look forward to continuing the conversation and engaging on meaningful packaging legislation in New York in the future.”
